New jersey criminal charge
Bad checks, money orders, electronic funds transfers in New jersey
Bad checks, money orders, electronic funds transfers is a criminal offense under New jersey law, defined by N.J.S.A. 2C:21-5. Its classification is not fixed: New jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:21-5.
What is the penalty for bad checks, money orders, electronic funds transfers in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 10 years (Bad check - $75,000 or more — Applies when the amount of the check, money order, or electronic funds transfer is $75,000.00 or more.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Bad check - $75,000 or more — Applies when the amount of the check, money order, or electronic funds transfer is $75,000.00 or more.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Bad check - $1,000 to $75,000 — Applies when the amount is $1,000.00 or more but less than $75,000.00.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Bad check - $1,000 to $75,000 — Applies when the amount is $1,000.00 or more but less than $75,000.00.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (no statutory minimum) (Bad check - $200 to $1,000 — Applies when the amount is $200.00 or more but less than $1,000.00.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Bad check - $200 to $1,000 — Applies when the amount is $200.00 or more but less than $1,000.00.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 6 months (no statutory minimum) (Bad check - under $200 — Applies when the amount of the check, money order, or electronic funds transfer is less than $200.00.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to 1000 usd (no statutory minimum) (Bad check - under $200 — Applies when the amount of the check, money order, or electronic funds transfer is less than $200.00.) | discretionary | N.J.S.A. 2C:43-8 |
Applies to current.
How is bad checks, money orders, electronic funds transfers classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Bad check - $75,000 or more | crime of the second degree | Applies when the amount of the check, money order, or electronic funds transfer is $75,000.00 or more. | N.J.S.A. 2C:21-5undefined |
| Bad check - $1,000 to $75,000 | crime of the third degree | Applies when the amount is $1,000.00 or more but less than $75,000.00. | N.J.S.A. 2C:21-5undefined |
| Bad check - $200 to $1,000 | crime of the fourth degree | Applies when the amount is $200.00 or more but less than $1,000.00. | N.J.S.A. 2C:21-5undefined |
| Bad check - under $200 | disorderly persons offense | Applies when the amount of the check, money order, or electronic funds transfer is less than $200.00. | N.J.S.A. 2C:21-5undefined |
Common questions about bad checks, money orders, electronic funds transfers in New jersey
What degree of offense is bad checks, money orders, electronic funds transfers in New Jersey?
It depends on the circumstances: bad checks, money orders, electronic funds transfers ranges from a disorderly persons offense to a crime of the second degree in New Jersey under N.J.S.A. 2C:21-5.
Bad check - $75,000 or more: crime of the second degree (N.J.S.A. 2C:21-5undefined) · Bad check - $1,000 to $75,000: crime of the third degree (N.J.S.A. 2C:21-5undefined) · Bad check - $200 to $1,000: crime of the fourth degree (N.J.S.A. 2C:21-5undefined) · Bad check - under $200: disorderly persons offense (N.J.S.A. 2C:21-5undefined)
What are the penalties for bad checks, money orders, electronic funds transfers in New Jersey?
Penalties for bad checks, money orders, electronic funds transfers in New Jersey depend on how it is classified — from a disorderly persons offense up to a crime of the second degree — with the ranges set by N.J.S.A. 2C:43-6 and N.J.S.A. 2C:43-8; the full table of ranges by variant is published on this page.
Which New Jersey statute covers bad checks, money orders, electronic funds transfers?
Bad checks, money orders, electronic funds transfers is governed by N.J.S.A. 2C:21-5 (Bad checks, money orders, electronic funds transfers).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.